28-2-714. BUYER’S DAMAGES FOR BREACH IN REGARD TO ACCEPTED GOODS. (1) Where the buyer has accepted goods and given notification (subsection (3) of section 28-2-607) he may recover as damages for any nonconformity of tender the loss resulting in the ordinary course of events from the seller’s breach as determined in any manner which is reasonable.
(2) The measure of damages for breach of warranty is the difference at the time and place of acceptance between the value of the goods accepted and the value they would have had if they had been as warranted, unless special circumstances show proximate damages of a different amount.
(3) In a proper case any incidental and consequential damages under the next section may also be recovered.
History:
[28-2-714, added 1967, ch. 161, sec. 2-714, p. 351.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 2 - UNIFORM COMMERCIAL CODE — SALES
Section 28-2-701 - REMEDIES FOR BREACH OF COLLATERAL CONTRACTS NOT IMPAIRED.
Section 28-2-702 - SELLER’S REMEDIES ON DISCOVERY OF BUYER’S INSOLVENCY.
Section 28-2-703 - SELLER’S REMEDIES IN GENERAL.
Section 28-2-705 - SELLER’S STOPPAGE OF DELIVERY IN TRANSIT OR OTHERWISE.
Section 28-2-706 - SELLER’S RESALE INCLUDING CONTRACT FOR RESALE.
Section 28-2-707 - “PERSON IN THE POSITION OF A SELLER.”
Section 28-2-708 - SELLER’S DAMAGES FOR NONACCEPTANCE OR REPUDIATION.
Section 28-2-709 - ACTION FOR THE PRICE.
Section 28-2-710 - SELLER’S INCIDENTAL DAMAGES.
Section 28-2-711 - BUYER’S REMEDIES IN GENERAL — BUYER’S SECURITY INTEREST IN REJECTED GOODS.
Section 28-2-712 - “COVER” — BUYER’S PROCUREMENT OF SUBSTITUTE GOODS.
Section 28-2-713 - BUYER’S DAMAGES FOR NONDELIVERY OR REPUDIATION.
Section 28-2-714 - BUYER’S DAMAGES FOR BREACH IN REGARD TO ACCEPTED GOODS.
Section 28-2-715 - BUYER’S INCIDENTAL AND CONSEQUENTIAL DAMAGES.
Section 28-2-716 - BUYER’S RIGHT TO SPECIFIC PERFORMANCE OR CLAIM AND DELIVERY.
Section 28-2-717 - DEDUCTION OF DAMAGES FROM THE PRICE.
Section 28-2-718 - LIQUIDATION OR LIMITATION OF DAMAGES — DEPOSITS.
Section 28-2-719 - CONTRACTUAL MODIFICATION OR LIMITATION OF REMEDY.
Section 28-2-720 - EFFECT OF “CANCELLATION” OR “RESCISSION” ON CLAIMS FOR ANTECEDENT BREACH.
Section 28-2-721 - REMEDIES FOR FRAUD.
Section 28-2-722 - WHO CAN SUE THIRD PARTIES FOR INJURY TO GOODS.
Section 28-2-723 - PROOF OF MARKET PRICE — TIME AND PLACE.
Section 28-2-724 - ADMISSIBILITY OF MARKET QUOTATIONS.
Section 28-2-725 - STATUTE OF LIMITATIONS IN CONTRACTS FOR SALE.